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(영문) 인천지방법원 2016.07.21 2016고정1689
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a manager of the C office located in Seo-gu Incheon, Seo-gu, Incheon who runs a manufacturing business using four full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 3,00,000 as wages of March 1, 2014 of D, which had been employed by the said workplace from November 19, 2010 to June 9, 2014, and retired, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Nevertheless, the defendant did not pay KRW 7,356,587 of the above D retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On July 4, 2016, after the institution of the instant indictment, submission of a written agreement and a letter of withdrawal of petition to the effect that workers D does not want punishment against the Defendant (written application for punishment)

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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